Common use of LITIGATION BACKGROUND Clause in Contracts

LITIGATION BACKGROUND. 40. On or about June 25, 2020, Plaintiff filed with the LWDA a PAGA notice letter which stated that Plaintiff intended to seek civil penalties against Urban for various violations of the California Labor Code and Industrial Welfare Commission (“IWC”) Wage Orders. On September 1, 2020, Plaintiff filed her initial complaint against ▇▇▇▇▇ in the Los Angeles County Superior Court. On December 9, 2020, Plaintiff filed a First Amended Complaint. 41. Within 5 days of execution of this Settlement Agreement, the Parties will request leave from the Court for Plaintiff to file the proposed Second Amended Complaint as set forth in Section IV.D. The proposed Second Amended Complaint (“Complaint”) asserts class and representative action claims under California law for (1) failure to pay minimum wage, (2) failure to pay overtime or pay overtime at the correct rate of pay, (3) failure to pay for all hours worked (off-the-clock work), (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to pay premiums at the correct rate of pay, (7) failure to timely pay final wages and wages earned during employment, (8) failure to provide accurate itemized wage statements, and (9) failure to maintain accurate and complete records. 42. Urban denies Plaintiff’s claims, and asserts that ▇▇▇▇▇ has complied with all applicable labor laws. Consequently, ▇▇▇▇▇ does not believe that any liability to Plaintiff, the State of California or the LWDA, or to any other individual whom Plaintiff seeks to represent exists, or that Plaintiff, the State of California or the LWDA, or any other any other individual whom Plaintiff seeks to represent are entitled to any recovery in the Action. 43. On May 26, 2022, the Parties participated in a mediation with experienced mediator ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. After the mediation, the Parties accepted a mediator’s proposal as to certain material terms of the Settlement, including the Maximum Settlement Amount. The terms of the settlement are now set forth in complete and final form in this Settlement. 44. Neither this Settlement, nor any final judgment pursuant to this Settlement, will constitute an admission of any form of wrongdoing or liability on the part of Urban or the accuracy of any allegation raised in the Action. This Settlement is entered into in compromise of disputed claims. Plaintiff and Urban intend, by their actions pursuant to this Settlement, merely to avoid the expense, delay, uncertainty, and burden of litigation. This Settlement and any related court documents or orders may not be cited or otherwise admitted as evidence of liability. There has been no final determination by any Court as to the merits of the Action. 45. It is the intention of the Parties that this Settlement Agreement will constitute a full and complete settlement and release of the claims averred in the Action by the Plaintiff individually, on behalf of the Class Members, and as the authorized proxy and agent of the State of California and the LWDA on behalf of all PAGA Members pursuant to PAGA. This release includes in its effect a release of all the Urban Releasees.

LITIGATION BACKGROUND. 4045. On or about June 2526, 20202019, Plaintiff filed with the LWDA a PAGA notice letter which stated that Plaintiff intended to seek civil penalties against Urban GDIT for various violations of the California Labor Code and Industrial Welfare Commission (“IWC”) Wage Orders. On September 1July 23, 20202019, Plaintiff filed her his initial complaint against ▇▇▇▇▇ GDIT in the Los Angeles County Superior CourtUnited States District Court for the Southern District of California. On December 9September 5, 20202019, Plaintiff filed a First Amended Complaint. 41. Within 5 days of execution of this Settlement Agreement, the Parties will request leave from the Court for Plaintiff to file the proposed Second Amended Complaint attached as set forth in Section IV.D. Exhibit B. The proposed Second Amended Complaint (“Complaint”) asserts class and representative action claims under California law for (1) failure to pay minimum wageovertime wages, (2) failure to timely pay overtime or pay overtime wages at the correct rate of payseparation, (3) failure to pay for all hours worked (off-the-clock work), (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to pay premiums at the correct rate of pay, (7) failure to timely pay final wages and wages earned during employment, (8) failure to provide accurate itemized wage statements, and (94) failure to maintain accurate provide all meal/rest premium wages, (5) unfair business practices, and complete records(6) PAGA civil penalties. 4246. Urban GDIT denies Plaintiff’s claims, and asserts that ▇▇▇▇▇ GDIT has complied with all applicable labor laws. Consequently, ▇▇▇▇▇ GDIT does not believe that any liability to Plaintiff, the State of California or the LWDA, or to any other individual whom Plaintiff seeks to represent exists, or that Plaintiff, the State of California or the LWDA, or any other any other individual whom Plaintiff seeks to represent are entitled to any recovery in the Action. 4347. On May 26October 2, 20222020, the Parties participated in a mediation with experienced mediator ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Esq. After At the mediation, the Parties accepted a mediator’s proposal as to certain material terms of the Settlement, including the Maximum Settlement Amount. The terms of the settlement are now set forth in complete and final form in this Settlement. 4448. Neither this Settlement, nor any final judgment pursuant to this Settlement, will constitute an admission of any form of wrongdoing or liability on the part of Urban GDIT or the accuracy of any allegation raised in the Action. This Settlement is entered into in compromise of disputed claims. Plaintiff and Urban GDIT intend, by their actions pursuant to this Settlement, merely to avoid the expense, delay, uncertainty, and burden of litigation. This Settlement and any related court documents or orders may not be cited or otherwise admitted as evidence of liability. There has been no final determination by any Court as to the merits of the Action. 4549. It is the intention of the Parties that this Settlement Agreement will constitute a full and complete settlement and release of the claims averred in the Action by the Plaintiff individually, on behalf of the Class Members, and as the authorized proxy and agent of the State of California and the LWDA on behalf of all PAGA Members pursuant to PAGA. This release includes in its effect a release of all the Urban GDIT Releasees.